 | 1832 - 504 pages
...fact ; and that in every species of assumpsit all matters in confession and avoidance, including not only those by way of discharge, but those which show...transaction to be either void or voidable in point of law, shall be specially pleaded. ' In debt on specialty and covenant we propose, that where non est factum... | |
 | 1837 - 972 pages
...matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable, in point of law, on the ground of fraud or otherwise, must be •pecially pleaded. One of the general objects of these new rules was to compel a defendant... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 pages
...by way of " 3 • • PLEADING. discharge, but those which shew the transaction to be in assumpsit, either void or voidable in point of law, on the ground...or otherwise, shall be specially pleaded ; ex. gr. abidance to be * " pleaded speimancy, coverture, release, payment, performance, illega- ciaiiy. lity... | |
 | 1834 - 576 pages
...or note. 3d, In every species of assumpeit, all matters in confession and avoidance, including not only those by way of discharge, but those which show...of fraud or otherwise,, shall be specially pleaded ; ei. gr. infancy, coverture, release, payment, performance, illegality of consideration either by... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 pages
...matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point...payment — performance — illegality of consideration, cither by statute', or common law — drawing, indorsing, accepting, &c. bills or notes by way of accommodation... | |
 | Great Britain. Bail Court - 1834 - 924 pages
...sion and avoidance, including not only those by way of f es5 i on and discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of dally, fraud or otherwise, shall be specially pleaded; ex. gr., infancy, coverture, release, payment,... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - 1834 - 924 pages
...by way of f ess ion and discharge, but those which shew the transaction to be a ™^ c 8 e p l e 0 _ be either void or voidable in point of law, on the ground of tialiy. fraud or otherwise, shall be specially pleaded; ex. gr. t > infancy, coverture, release, payment,... | |
 | Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 pages
...PATTESON, J. — The new rules of pleading, of HT 4 W. 4 (a), expressly say, that all matters which shew the transaction to be either void or voidable in point of law, must be pleaded ; and among the examples is mentioned, illegality of consideration, either by statute... | |
 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1835 - 980 pages
...bill or note. 3. In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show...payment, performance, illegality of consideration cither by statute or common law, drawing, indorsing, accepting, &c. bills or notes by way of accommodation,... | |
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In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
